Utah 2023 Regular Session

Utah House Bill HB0530 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 530
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: C. Williams 6
4	4	6 02-20-23 4:55 PM 6
5	5	H.B. 530
6	6	1 NURSING EDUCATION PROGRAM AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Rosemary T. Lesser
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill makes amendments related to the practice of nursing.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <amends definitions;
18	18	13 <amends Board of Nursing (board) duties; and
19	19	14 <requires nursing education programs to meet minimum education standards in order
20	20	15for the education program to qualify graduates of the program for the various
21	21	16nursing licenses.
22	22	17Money Appropriated in this Bill:
23	23	18 None
24	24	19Other Special Clauses:
25	25	20 None
26	26	21Utah Code Sections Affected:
27	27	22AMENDS:
28	28	23 58-31b-102, as last amended by Laws of Utah 2022, Chapter 277
29	29	24 58-31b-201, as last amended by Laws of Utah 2018, Chapter 318
30	30	25 58-31b-601, as last amended by Laws of Utah 2022, Chapter 382
31	31	26
32	32	27Be it enacted by the Legislature of the state of Utah:
33	33	HB0530 H.B. 530 02-20-23 4:55 PM
34	34	- 2 -
35	35	28 Section 1. Section 58-31b-102 is amended to read:
36	36	29 58-31b-102. Definitions.
37	37	30 In addition to the definitions in Section 58-1-102, as used in this chapter:
38	38	31 (1) "Administrative penalty" means a monetary fine or citation imposed by the division
39	39	32for acts or omissions determined to be unprofessional or unlawful conduct in accordance with a
40	40	33fine schedule established by division rule made in accordance with Title 63G, Chapter 3, Utah
41	41	34Administrative Rulemaking Act, and as a result of an adjudicative proceeding conducted in
42	42	35accordance with Title 63G, Chapter 4, Administrative Procedures Act.
43	43	36 (2) "Applicant" means an individual who applies for licensure or certification under
44	44	37this chapter by submitting a completed application for licensure or certification and the
45	45	38required fees to the department.
46	46	39 [(3) "Approved education program" means a nursing education program that is
47	47	40accredited by an accrediting body for nursing education that is approved by the United States
48	48	41Department of Education.]
49	49	42 [(4)] (3) "Board" means the Board of Nursing created in Section 58-31b-201.
50	50	43 [(5)] (4) "Diagnosis" means the identification of and discrimination between physical
51	51	44and psychosocial signs and symptoms essential to the effective execution and management of
52	52	45health care.
53	53	46 [(6)] (5) "Examinee" means an individual who applies to take or does take any
54	54	47examination required under this chapter for licensure.
55	55	48 [(7)] (6) "Licensee" means an individual who is licensed or certified under this chapter.
56	56	49 [(8)] (7) "Long-term care facility" means any of the following facilities licensed by the
57	57	50Department of Health pursuant to Title 26, Chapter 21, Health Care Facility Licensing and
58	58	51Inspection Act:
59	59	52 (a) a nursing care facility;
60	60	53 (b) a small health care facility;
61	61	54 (c) an intermediate care facility for people with an intellectual disability;
62	62	55 (d) an assisted living facility Type I or II; or
63	63	56 (e) a designated swing bed unit in a general hospital.
64	64	57 [(9)] (8) "Medication aide certified" means a certified nurse aide who:
65	65	58 (a) has a minimum of 2,000 hours experience working as a certified nurse aide; 02-20-23 4:55 PM H.B. 530
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67	67	59 (b) has received a minimum of 60 hours of classroom and 40 hours of practical training
68	68	60that is approved by the division in collaboration with the board, in administering routine
69	69	61medications to patients or residents of long-term care facilities; and
70	70	62 (c) is certified by the division as a medication aide certified.
71	71	63 [(10)] (9) (a) "Practice as a medication aide certified" means the limited practice of
72	72	64nursing under the supervision, as defined by the division by rule made in accordance with Title
73	73	6563G, Chapter 3, Utah Administrative Rulemaking Act, of a licensed nurse, involving routine
74	74	66patient care that requires minimal or limited specialized or general knowledge, judgment, and
75	75	67skill, to an individual who:
76	76	68 (i) is ill, injured, infirm, has a physical, mental, developmental, or intellectual
77	77	69disability; and
78	78	70 (ii) is in a regulated long-term care facility.
79	79	71 (b) "Practice as a medication aide certified":
80	80	72 (i) includes:
81	81	73 (A) providing direct personal assistance or care; and
82	82	74 (B) administering routine medications to patients in accordance with a formulary and
83	83	75protocols to be defined by the division by rule made in accordance with Title 63G, Chapter 3,
84	84	76Utah Administrative Rulemaking Act; and
85	85	77 (ii) does not include assisting a resident of an assisted living facility, a long term care
86	86	78facility, or an intermediate care facility for people with an intellectual disability to self
87	87	79administer a medication, as regulated by the Department of Health by rule made in accordance
88	88	80with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
89	89	81 [(11)] (10) "Practice of advanced practice registered nursing" means the practice of
90	90	82nursing within the generally recognized scope and standards of advanced practice registered
91	91	83nursing as defined by rule and consistent with professionally recognized preparation and
92	92	84education standards of an advanced practice registered nurse by a person licensed under this
93	93	85chapter as an advanced practice registered nurse. "Practice of advanced practice registered
94	94	86nursing" includes:
95	95	87 (a) maintenance and promotion of health and prevention of disease;
96	96	88 (b) diagnosis, treatment, correction, consultation, and referral;
97	97	89 (c) prescription or administration of prescription drugs or devices including: H.B. 530 02-20-23 4:55 PM
98	98	- 4 -
99	99	90 (i) local anesthesia;
100	100	91 (ii) Schedule III-V controlled substances; and
101	101	92 (iii) Subject to Section 58-31b-803, Schedule II controlled substances; or
102	102	93 (d) the provision of preoperative, intraoperative, and postoperative anesthesia care and
103	103	94related services upon the request of a licensed health care professional by an advanced practice
104	104	95registered nurse specializing as a certified registered nurse anesthetist, including:
105	105	96 (i) preanesthesia preparation and evaluation including:
106	106	97 (A) performing a preanesthetic assessment of the patient;
107	107	98 (B) ordering and evaluating appropriate lab and other studies to determine the health of
108	108	99the patient; and
109	109	100 (C) selecting, ordering, or administering appropriate medications;
110	110	101 (ii) anesthesia induction, maintenance, and emergence, including:
111	111	102 (A) selecting and initiating the planned anesthetic technique;
112	112	103 (B) selecting and administering anesthetics and adjunct drugs and fluids; and
113	113	104 (C) administering general, regional, and local anesthesia;
114	114	105 (iii) postanesthesia follow-up care, including:
115	115	106 (A) evaluating the patient's response to anesthesia and implementing corrective
116	116	107actions; and
117	117	108 (B) selecting, ordering, or administering the medications and studies listed in this
118	118	109Subsection [(11)(d)] (10)(d);
119	119	110 (iv) other related services within the scope of practice of a certified registered nurse
120	120	111anesthetist, including:
121	121	112 (A) emergency airway management;
122	122	113 (B) advanced cardiac life support; and
123	123	114 (C) the establishment of peripheral, central, and arterial invasive lines; and
124	124	115 (v) for purposes of this Subsection [(11)(d)] (10)(d), "upon the request of a licensed
125	125	116health care professional":
126	126	117 (A) means a health care professional practicing within the scope of the health care
127	127	118professional's license, requests anesthesia services for a specific patient; and
128	128	119 (B) does not require an advanced practice registered nurse specializing as a certified
129	129	120registered nurse anesthetist to obtain additional authority to select, administer, or provide 02-20-23 4:55 PM H.B. 530
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131	131	121preoperative, intraoperative, or postoperative anesthesia care and services.
132	132	122 [(12)] (11) "Practice of nursing" means assisting individuals or groups to maintain or
133	133	123attain optimal health, implementing a strategy of care to accomplish defined goals and
134	134	124evaluating responses to care and treatment, and requires substantial specialized or general
135	135	125knowledge, judgment, and skill based upon principles of the biological, physical, behavioral,
136	136	126and social sciences. "Practice of nursing" includes:
137	137	127 (a) initiating and maintaining comfort measures;
138	138	128 (b) promoting and supporting human functions and responses;
139	139	129 (c) establishing an environment conducive to well-being;
140	140	130 (d) providing health counseling and teaching;
141	141	131 (e) collaborating with health care professionals on aspects of the health care regimen;
142	142	132 (f) performing delegated procedures only within the education, knowledge, judgment,
143	143	133and skill of the licensee;
144	144	134 (g) delegating nursing tasks that may be performed by others, including an unlicensed
145	145	135assistive personnel; and
146	146	136 (h) supervising an individual to whom a task is delegated under Subsection [(12)(g)]
147	147	137(11)(g) as the individual performs the task.
148	148	138 [(13)] (12) "Practice of practical nursing" means the performance of nursing acts in the
149	149	139generally recognized scope of practice of licensed practical nurses as defined by division rule
150	150	140made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and as
151	151	141provided in this Subsection [(13)] (12) by an individual licensed under this chapter as a
152	152	142licensed practical nurse and under the direction of a registered nurse, licensed physician, or
153	153	143other specified health care professional as defined by division rule made in accordance with
154	154	144Title 63G, Chapter 3, Utah Administrative Rulemaking Act. Practical nursing acts include:
155	155	145 (a) contributing to the assessment of the health status of individuals and groups;
156	156	146 (b) participating in the development and modification of the strategy of care;
157	157	147 (c) implementing appropriate aspects of the strategy of care;
158	158	148 (d) maintaining safe and effective nursing care rendered to a patient directly or
159	159	149indirectly; and
160	160	150 (e) participating in the evaluation of responses to interventions.
161	161	151 [(14)] (13) "Practice of registered nursing" means performing acts of nursing as H.B. 530 02-20-23 4:55 PM
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163	163	152provided in this Subsection [(14)] (13)by an individual licensed under this chapter as a
164	164	153registered nurse within the generally recognized scope of practice of registered nurses as
165	165	154defined by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative
166	166	155Rulemaking Act. Registered nursing acts include:
167	167	156 (a) assessing the health status of individuals and groups;
168	168	157 (b) identifying health care needs;
169	169	158 (c) establishing goals to meet identified health care needs;
170	170	159 (d) planning a strategy of care;
171	171	160 (e) prescribing nursing interventions to implement the strategy of care;
172	172	161 (f) implementing the strategy of care;
173	173	162 (g) maintaining safe and effective nursing care that is rendered to a patient directly or
174	174	163indirectly;
175	175	164 (h) evaluating responses to interventions;
176	176	165 (i) teaching the theory and practice of nursing; and
177	177	166 (j) managing and supervising the practice of nursing.
178	178	167 [(15)] (14) "Registered nurse apprentice" means an individual licensed under
179	179	168Subsection 58-31b-301(2)(b) who is learning and engaging in the practice of registered nursing
180	180	169under the indirect supervision of an individual licensed under:
181	181	170 (a) Subsection 58-31b-301(2)(c), (e), or (f);
182	182	171 (b) Chapter 67, Utah Medical Practice Act; or
183	183	172 (c) Chapter 68, Utah Osteopathic Medical Practice Act.
184	184	173 [(16)] (15) "Routine medications":
185	185	174 (a) means established medications administered to a medically stable individual as
186	186	175determined by a licensed health care practitioner or in consultation with a licensed medical
187	187	176practitioner; and
188	188	177 (b) is limited to medications that are administered by the following routes:
189	189	178 (i) oral;
190	190	179 (ii) sublingual;
191	191	180 (iii) buccal;
192	192	181 (iv) eye;
193	193	182 (v) ear; 02-20-23 4:55 PM H.B. 530
194	194	- 7 -
195	195	183 (vi) nasal;
196	196	184 (vii) rectal;
197	197	185 (viii) vaginal;
198	198	186 (ix) skin ointments, topical including patches and transdermal;
199	199	187 (x) premeasured medication delivered by aerosol/nebulizer; and
200	200	188 (xi) medications delivered by metered hand-held inhalers.
201	201	189 [(17)] (16) "Unlawful conduct" means the same as that term is defined in Sections
202	202	19058-1-501 and 58-31b-501.
203	203	191 [(18)] (17) "Unlicensed assistive personnel" means any unlicensed individual,
204	204	192regardless of title, who is delegated a task by a licensed nurse as permitted by division rule
205	205	193made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and the
206	206	194standards of the profession.
207	207	195 [(19)] (18) "Unprofessional conduct" means the same as that term is defined in
208	208	196Sections 58-1-501 and 58-31b-502 and as may be further defined by division rule made in
209	209	197accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
210	210	198 Section 2. Section 58-31b-201 is amended to read:
211	211	199 58-31b-201. Board.
212	212	200 (1) There is created the Board of Nursing that consists of the following 11 members:
213	213	201 (a) nine nurses in a manner as may be further defined in division rule; and
214	214	202 (b) two members of the public.
215	215	203 (2) The board shall be appointed and serve in accordance with Section 58-1-201.
216	216	204 [(3) The board shall carry out the duties and responsibilities in Sections 58-1-202 and
217	217	20558-1-203 and shall:]
218	218	206 [(a) (i) recommend to the division minimum standards for educational programs
219	219	207qualifying a person for licensure or certification under this chapter;]
220	220	208 [(ii) recommend to the division denial, approval, or withdrawal of approval regarding
221	221	209educational programs that meet or fail to meet the established minimum standards; and]
222	222	210 [(iii) designate one of its members on a permanent or rotating basis to:]
223	223	211 [(A) assist the division in reviewing complaints concerning the unlawful or
224	224	212unprofessional conduct of a licensee; and]
225	225	213 [(B) advise the division in its investigation of these complaints.] H.B. 530 02-20-23 4:55 PM
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227	227	214 [(b)] (3) The board shall:
228	228	215 (a) carry out the duties and responsibilities in Sections 58-1-202 and 58-1-203;
229	229	216 (b) consult with the division regarding the duties described in Section 58-31b-601,
230	230	217including to create minimum performance standards; and
231	231	218 (c) designate one member on a permanent or rotating basis to:
232	232	219 (i) assist the division in reviewing complaints concerning the unlawful or
233	233	220unprofessional conduct of an individual licensed under this chapter; and
234	234	221 (ii) advise the division in investigating a complaint.
235	235	222 (4) A board member who has, under Subsection [(3)(a)(iii),] (3)(c), reviewed a
236	236	223complaint or advised in its investigation may be disqualified from participating with the board
237	237	224when the board serves as a presiding officer in an adjudicative proceeding concerning the
238	238	225complaint.
239	239	226 Section 3. Section 58-31b-601 is amended to read:
240	240	227 58-31b-601. Minimum standards for nursing programs to qualify graduates --
241	241	228Temporary approval to qualify graduates for licensure -- Minimum standards for
242	242	229medication aide training to qualify persons for certification.
243	243	230 [(1) Except as provided in Subsections (2) and (3), to qualify as an approved education
244	244	231program for the purpose of qualifying graduates for licensure under this chapter, a nursing
245	245	232education program shall be accredited by an accrediting body for nursing education that is
246	246	233recognized by the United States Department of Education.]
247	247	234 [(2) (a) The division, in consultation with the board, may approve a nursing education
248	248	235program for up to five years, for the purpose of qualifying graduates for licensure under this
249	249	236chapter, if the program:]
250	250	237 [(i) holds candidacy or is in the process of applying for candidacy for the accreditation
251	251	238described in Subsection (1);]
252	252	239 [(ii) has been denied initial accreditation after holding candidacy for the accreditation
253	253	240described in Subsection (1); or]
254	254	241 [(iii) is no longer accredited under Subsection (1); and]
255	255	242 [(b) has not previously received a term of approval granted by the division.]
256	256	243 [(3) (a) For a nursing education program that has previously received a term of
257	257	244approval granted under Subsection (2), the division may reapprove the nursing education 02-20-23 4:55 PM H.B. 530
258	258	- 9 -
259	259	245program for the purpose of qualifying graduates for licensure if:]
260	260	246 [(i) the reapproval is for a period that does not exceed five years; and]
261	261	247 [(ii) a minimum of 12 months has passed since the day on which the previous term of
262	262	248approval expired.]
263	263	249 [(b) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
264	264	250the division, in consultation with the board, shall make rules to implement Subsection (3)(a).]
265	265	251 [(4)] (1) (a) The division in consultation with the board shall:
266	266	252 (i) in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
267	267	253develop minimum performance standards for nursing education programs in the state to qualify
268	268	254graduates for licensure under this chapter; and
269	269	255 (ii) except as provided in Subsection (1)(b)(iii), approve a program described in
270	270	256Subsection (1)(a)(i) if the program meets the minimum performance standards.
271	271	257 (b) The division in consultation with the board may:
272	272	258 (i) survey nursing education programs;
273	273	259 (ii) develop curriculum requirements for nursing education programs; and
274	274	260 (iii) exempt a nursing education program from the minimum performance standards for
275	275	261a period of time determined by the division in order for the program to come into compliance
276	276	262with the minimum performance standards.
277	277	263 (c) The division shall consult with the board before taking any of the following actions:
278	278	264 (i) approving a nursing education program;
279	279	265 (ii) denying a nursing education program approval;
280	280	266 (iii) revoking a nursing education program's approval;
281	281	267 (iv) surveying a nursing education program;
282	282	268 (v) developing curriculum requirements for nursing education programs; and
283	283	269 (vi) exempting a nursing education program from the minimum performance standards
284	284	270for a period of time determined by the division in order for the program to come into
285	285	271compliance with the minimum performance standards.
286	286	272 (2) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and
287	287	273the provisions of this chapter, the division in consultation with the board shall make rules
288	288	274defining the minimum standards for a medication aide certified training program to qualify a
289	289	275person for certification under this chapter as a medication aide certified.